End-User License Agreement
Last modified: 11 April 2017
The software that is subject to this End User’s Software License Agreement ("EULA", "Agreement") is the Testrec Click! software and the Testrec Pro Software (the "Software").
This EULA is a legally binding agreement between the end user (the "Licensee" or "you") and Eduard Weissmann (the "Licensor") pursuant to which the Licensor licenses the use of the Software to the Licensee. If you are agreeing to this EULA not as an individual but on behalf of your company, then "Licensee" or "you" means your company, and you are binding your company to this EULA.
Any installing, accessing, or using the Software by you (the "Licensee") constitutes Licensee’s acceptance of, and promise to comply with, all of the terms and conditions of this EULA.
The Software may be activated with a license key in order to operate after installation. The procedure to acquire a license key is described in section "Activation".
The Licensee is solely responsible for installation and usage of the software. The documentation will provide recommended requirements for the hardware and software environment. Licensee shall be solely responsible for all expenses incurred in Licensee’s installation and use of the Software.
Use of the Software may require activation. The Software must be activated after installation. To complete activation you must acquire a license key from the Licensor. Upon receipt of payment of the applicable fees, a license key will be delivered as described in section "Delivery". If Licensee has any problem with the activation process, Licensee should contact the customer support at firstname.lastname@example.org
PaymentsUnless otherwise specified, Licensee will pay all amounts in U.S. dollars at the time Licensee places the order. All amounts are non-refundable, non-cancelable and non-creditable. In making payments, you acknowledge that you are not relying on future availability of the Software beyond the current agreed EULA or any Software upgrades or feature enhancements.
Licensor will deliver the applicable license key or login instructions through the testrec.com website in the user account section (http://testrec.com/account) or to the email address specified in the Licensee order, upon receipt of payment of the applicable fees. All deliveries under this EULA will be electronic. For the avoidance of doubt, you are responsible for installation of the Software, and you acknowledge that the Licensor has no further delivery obligation with respect to the Software after delivery of the license keys.
Licensee may not sell, assign, or transfer the Software or the License granted by this EULA without prior written consent of the Licensor.
It is expressly forbidden to
- Reverse engineer the source code of the Software or to decompile the Software, except to the extent permitted by mandatory law or applicable open source license;
- Share your license key(s) or use someone else’s license key(s);
- Sublicense the Software or otherwise make available the Software to third parties, including by rental, Software-as-a-Service models or otherwise;
- Modify the Software, except to the extent permitted by mandatory law;
- Remove or obscure copyright or trademark notices, or the copyright and trademark notices of third parties that have been included in the Software;
- Use the Software in any manner that is illegal or not authorized by this EULA;
If you are agreeing to this EULA as an individual, you may install and activate the Software on up to two (2) compatible personal computers or workstations of which you are the primary user. You are not allowed to run or operate or execute two (2) instances of the Software at the same time.
If you are agreeing to this EULA not as an individual but on behalf of an entity, you may install and activate the Software on a number of personal computers or workstations up to the number of license keys you purchased; provided, however, that the maximum number of users accessing and using the Software is equal to the number of purchased license keys. For the avoidance of doubt, if you purchased five (5) license keys, you may install and activate the Software on five (5) workstations, and it may only be used by five (5) users at any given time.
Concurrent Use in a Virtualization Environment
If you are agreeing to this EULA not as an individual but on behalf of an entity, you may install a copy of the Software on an hardware partition, terminal server, or in any other virtualization environment (collectively "Virtualization Environment") within your internal network for the sole and exclusive purpose of permitting individual users within your organization to access and use the Software through the Virtualization Environment from another computer provided that the total number of users that access or use the Software at any given time does not exceed the number of purchased license keys. For the avoidance of doubt, if you purchased five (5) license keys, you may make the software available for use on a virtualization environment by five (5) users at any given time.
You are not allowed to use the Software for commercial purposes without the prior express written consent of the Licensor. Such consent can be obtained through the purchase of a "Testrec Pro" Software-license.
Intellectual Property Ownership
The Software and any authorized copies that Licensee makes are the intellectual property of, and are owned by, the Licensor, and by third parties whose intellectual property has been licensed by the Licensor. The structure, organization, and code of the Software are the valuable trade secrets and confidential information of the Licensor and such third parties. The Software is protected by law, including without limitation, the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly provided in this EULA, Licensee is not granted any intellectual property rights in the Software. Licensee may not make or publish any public statement concerning the Software or the Licensor without the prior express written consent of the Licensor.
Third Party Components
The Software may use or include certain software, files, components and materials that are subject to open source and/or third party license terms. These Third Party Components are licensed to you under the terms of their applicable open source license conditions and/or copyright notices that can be found in their license file, the Software or its documentation. If there is a conflict between the licensing terms of such Third Party Components and this EULA, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. Such Third Party Components are provided on an "AS IS" basis without any warranty of any kind and shall be subject to any and all limitations and conditions required by its third party licensors. Under no circumstances shall the Software or any portion thereof (except for the Third Party Components) be deemed to be "open source" or "publicly available" software.
The Software may require an internet connection to access services, authenticate the Software, or perform other functions. In order for certain features of the Software to operate properly, you may be required to have and maintain an adequate internet connection.
- Downloading of additional Software-Components and configurations. The Software will download additional Software-Components from the Internet after the installation (e.g. Selenium), this is required for the Software to work correctly. If you do not want the Software to download additional Software-Components, you must unisntall the Software.
- Announcements and News. The Software communicates with the Licensor servers to determine whether there are any new notices to be displayed, for example about a new version being available. This feature may not be disabled. If you do not want to receive new notices, you must uninstall the Software.
- License Key Authorized Usage Data. The Software communicates with the Licensor servers to verify the Software is used with a valid purchased license key and not used in an unauthorized way. Details about your computer (including but not limited to your hostname) will be sent to the Licensor servers in this process. If you do not want the Software to send these informations, you must uninstall the Software.
In order to help us improve the Software, when the Software encounters certain errors, it will automatically send some information to the Licensor servers about the error. This feature can be opted out from the Software settings and you can choose not to send the information. You agree to send to the Licensor servers details about your last performed task, including logs, file names, other details about the system running the Software.
The Licensor from time to time releases updates that address bugs or improve the functioning of the Software but he is not obliged to.
Newer versions of the the Software will require purchasing a new license. The Licensor might make small updates or patches to older versions available for free, but he is not obliged to.
The Software may alert you to any available updates. This requires an active internet connection. Installation of updates is performed only with your separate consent. No liability is accepted for any damage caused by bugs addressed in an update not installed by you.
We do our best to ensure the Software runs without errors. Still, we can't guarantee that your files will not be damaged or lost.
You acknowledge that Licensor will not be responsible for any failures caused by files processed with the Software.
You acknowledge that Licensee is also responsible for validating the correctness of files (both input and output) processed with the Software.
The Licensor shall provide the Licensee with a reasonable level of support through its website and/or e-mail. The Licensor however does not guarantee that all requests for support or bug reports are taken into consideration.
This Agreement remains in force until terminated.
If Licensee breaches this EULA, and fails to cure any breach within 14 calendar days after request from the Licensor, or the Licensor authorized representative, the Licensor may terminate this EULA, whereupon all rights granted to Licensee shall immediately cease.
The Agreement may be terminated by the Licensee at any time by providing 14 calendar days notice. This Agreement terminates automatically and immediately in case you enter into bankruptcy, apply for a suspension of payments, your assets are seized, you pass away, or in case you enter into liquidation, legal dissolution or winding-up.
This Agreement terminates immediately if Licensee attempts to circumvent technical protection measures used in connection with the Software.
After termination of the agreement (regardless of reason) you must cease all use of the Software. In addition you must remove all copies (including backup copies) of the Software from all computer systems under your control.
Warranty and Limitation of Liability
The Software is provided to Licensee "AS IS." The Licensor, and the Licensor suppliers or affiliates, make no warranty as to its use or performance. The Licensor, AND the Licensor AFFILIATES, MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT FOR, AND TO THE EXTENT, THAT A WARRANTY MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW IN LICENSEE’S JURISDICTION. IN NO EVENT WILL the Licensor, OR the Licensor AFFILIATES, BE LIABLE TO LICENSEE FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A REPRESENTATIVE OF the Licensor OR ONE OF the Licensor AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE’S JURISDICTION. THE AGGREGATE LIABILITY OF The Licensor, AND the Licensor AFFILIATES, UNDER OR IN CONNECTION WITH THIS EULA, SHALL BE LIMITED TO THE AMOUNT PAID FOR THE Software, IF ANY.
Survival of Disclaimers
The exclusions of warranties, indemnification obligations and liability limitations shall survive the termination of this EULA, however caused; but this survival shall not imply or create any continued right to use the Software after termination of this EULA.
This EULA is subject to, and will be governed by and construed in accordance with the substantive laws in force of the country of Netherlands whose courts shall have exclusive jurisdiction over disputes arising hereunder.
OMM Solutions GmbH
Vor dem Lauch 4
Herr Malte Horstmann
Herr Olaf Horstmann
Contact: E-Mail: email@example.com
Umsatzsteuer-Identifikationsnummer gemäß §27a Umsatzsteuergesetz: DE295716572
Amtsgericht Stuttgart – HRB 749562
If any provision of this EULA is determined by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and the remaining provisions of this EULA will remain in full force and effect.
Proof of Compliance
Within 14 calendar days after request from the Licensor, or the Licensor authorized representative, Licensee will provide full documentation, and certify under penalty of perjury, that Licensee’s use of any and all Software is in conformity with this EULA.
The Licensor reserves all rights not expressly granted to Licensee by this EULA. The rights granted to Licensee are limited to the Licensor intellectual property rights, and to the intellectual property rights of third parties licensed by the Licensor, and do not include any intellectual property rights.
No failure or delay by the Licensor in exercising its rights or remedies shall operate as a waiver unless made by specific written notice. No single or partial exercise of any right or remedy of the Licensor shall operate as a waiver or preclude any other, or further, exercise of that, or any other right, or remedy.
You agree that this EULA and your use of the Software are governed under Netherlands law and any dispute related to the Software must be brought in a tribunal of competent jurisdiction located in or near Amsterdam, Netherlands.
Should you have any questions concerning this EULA, please contact the Licensor at firstname.lastname@example.org